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Welcome to the Autumn 2023 edition of our biannual Banking Litigation Update, in which we highlight the most important cases and developments affecting UK financial institutions over the past six months.


The content of this edition of our Banking Litigation Update is as follows:

Duties in Financial Services

Contractual Construction

ISDA Master Agreement

Securities Litigation / Class Actions

ESG / Climate Change



Disclosure and Privilege

Procedural Developments

Other Significant Developments

We hope you find our update useful and, as ever, please feel free to contact your usual Herbert Smith Freehills contact if there are any topics that you would like to discuss further.

Key contacts

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Rupert Lewis

Partner, Head of Banking Litigation, London

Rupert Lewis
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Ceri Morgan

Professional Support Consultant, London

Ceri Morgan
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Nihar Lovell

Professional Support Lawyer, London

Nihar Lovell